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<br />ASSIGNMENT OF' RENTS <br />Loan Na: 000000009 $ (Continued) 2 010 0 4 3 0 3 Page 4 <br />Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the <br />parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless <br />given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. <br />Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or <br />define the provisions of this Assignment. <br />Governing Law. With respect to procedural matters related to the perfection and enforcement of Lender's rights against the Property, <br />this Assignment will be governed by federal law applicable to Lender and to the extent not preempted by federal law, the laws of the <br />State of Nebraska. In all other respects, this Assignment will be governed by federal law applicable to Lender and, to the extent not <br />preempted by federal law, the laws of the State of Missouri wlthput regard to Its conflicts of law provisions. However, if there ever <br />Is a question about whether any provision of this Assignment is valid or enforceable, the provision that is questioned will be governed <br />by whichever state or federal law would find the provision to be valid and enforceable. The loan transaction that is evidenced by the <br />Note and this Assignment has been applied for, considered, approved and made, and all necessary loan documents have been <br />accepted by Lender in the State of Missouri. <br />Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Jackson <br />County, State of Missouri. <br />Joint and Several Liability. All obligations of Borrower and Grantor under this Assignment shall be joint and several, and all references <br />to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that <br />each Grantor signing below is responsible for all obligations in this Assignment. Where any one or more of the parties is a <br />corporation, partnership, limited liability company or similar entity, it is not necessary for Lender to inquire into the powers of any of <br />the officers, directors, partners, members, or other agents acting or purporting to act on the entity's behalf, and any obligations made <br />or created in reliance upon the professed exercise of such powers shall be guaranteed under this Assignment. <br />Merger. There shall be no merger of the interest or estate created by this assignment with any other interest pr estate in the Property <br />at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. <br />Interpretation. (1) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment in the <br />singular shall be deemed to have been used in the plural where the context and construction so require. (2) If mare than one person <br />signs this Assignment as "Grantor," the obligations of each Grantor are joint and several. This means that if Lender brings a lawsuit, <br />Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person, Lender need not sue Borrower <br />first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for <br />convenience purposes only. They are not to be used to interpret or define the provisions of this Assignment. <br />No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in <br />writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such <br />right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's <br />right otherwise tv demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender, <br />nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's <br />obligations as to any future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such <br />consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and <br />in all cases such consent may be granted or withheld in the sole discretion of Lender. <br />Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually <br />delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized <br />overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid. <br />directed to the addresses shown near the beginning of this Assignment. Any party may change its address for notices under this <br />Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's <br />address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise <br />provided or required by law, if there is mare than one Grantor, any notice given by Lender to any Grantor is deemed to be native given <br />to all Grantors. <br />Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for <br />purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender. <br />Severability. If a court of competent jurisdiction finds any provision of this Assignment to pe illegal, invalid, or unenforceable as to <br />any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If <br />feasible, the offending provision shall be considered modified sa that it becomes legal, valid and enforceable. If the offending <br />provision cannot be sn modified, It shall be considered deleted from this Assignment. Unless otherwise required by law, the illegality, <br />invalidity, or unenforceability of any provision of this Assignment shall not affect the legality, validity or enforceability of any other <br />provision of this Assignment. <br />Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this Assignment shall <br />be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in <br />a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Assignment <br />and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability <br />under the Indebtedness. <br />Time Is of the Essence. Time is of the essence in the performance of this Assignment. <br />Waive Jury. All parties to this Assignment hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought <br />by any party against any other party. <br />Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the <br />State of Nebraska as to all Indebtedness secured by this Assignment. <br />